Most people are aware of the numerous benefits of owning a trademark registration on the Principal Register from the United States Patent and Trademark Office (USPTO). In fact, trademark owners are urged by trademark attorneys to select distinctive marks solution to to be able to, upon handy in interstate commerce, be registered there and revel in numerous presumptions because validity, ownership, and notice. However, the Supplemental Register even offers value, especially once the alternative is away from the question the first time.
Before the benefits of being supplementally registered is discussed, when you understand that which a supplemental registration does not provide. Marks occasionally relegated to the Supplemental Register because, at the request of the USPTO examining attorney, the marks are merely descriptive and therefore not a distinctive identifier of supply of the goods or services to which the mark pertains. Such placement does not give the exclusive right added with the mark in commerce in connection with its identified goods or services. Equally important, it does not serve as prima facie evidence of this validity of the registered mark or of the trademark registrant’s ownership of this mark. Finally, it may be an admission that the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s should be registered on the key Register, a supplemental registration has advantages of its own. In fact, some entities choose to have a brand that tells consumers what it is they are offering (e.g. Pizza Restaurant) as opposed for inherently distinctive mark (.e.g. Domino’s) that requires effort to create consumer recognition. Such marks are not going to warrant principal placement, whilst they be supplementally outlined. After five years on the Supplemental Register, the mark may qualify Apply For Trademark Online the primary Register due to it having acquired distinctiveness. It is worth noting that both allow the owner to use the registered trademark symbol, sue in federal court, and profit by certain international agreements.
Thus, any registration with the USPTO is better than having no trademark registration at any. While ultimately the Principal Register provides the best results and best protection, the Supplemental Register should be considered where an entity prefers what usually a merely descriptive mark at the outset or didn’t acquire the requisite distinctiveness to be registered on where many deem as favored spot.